1.GENERAL TERMS AND CONDITIONS
For sales via the webshop and in person, the following General Terms and Conditions of cv. Janssen cosmetics belux -JC- (Belgium) BE 9991 ADEGEM
2. LANGUAGE OF AGREEMENT
The contractual language is Dutch.
3. ORDERS
Contracts or orders can be placed by the customer with JC in various ways
. This is done either via our field staff or by telephone, fax, email or
via the online order form. Special agreements, amendments or other
ancillary agreements must be recorded in writing. This also applies to a cancellation of the purchase by means of a written form. JC's offers are subject to change. After the customer has placed an order, the
agreement will come into effect by JC's written order confirmation or by delivery. If an ordered product is not available at the time the order is being processed, JC will promptly inform the customer thereof
.
4. DELIVERY AND SHIPMENT
Delivery shall be made to the delivery address provided by the purchaser. Delivery is only possible to addresses within Belgium and Luxembourg. The order will normally be delivered within five working days, unless a different delivery period has been agreed between the parties. If the delivery period of five working days cannot be complied with and the delivery has to take place at a later time, JC will be obliged to make the delivery within 10 working days following
receipt of a written demand from the customer. After expiry of this period, JC will be in default, unless JC is not responsible for the delay. Partial deliveries are allowed, provided they are not reasonable for the Client. The
subsequent delivery will be carriage paid to the Client. If the customer is in arrears with the payment of the purchase price of the order or another order, we are entitled to exercise a right of retention with regard to our
delivery obligation. The goods are dispatched by courier, currently by GLS. Delivery is free of freight and packaging for orders with a net goods value of €250.00 ex VAT (for professionals) or €100 inc VAT (for consumers). For orders less than €250.00 (for professionals) or €100 (for consumers), JC charges fixed packing and shipping costs of €8.2 plus VAT (gross €10). The delivery of an order takes place "ex works". Unless expressly agreed otherwise, the place of performance for delivery will be JC's warehouse
in the event of delivery ex JC's warehouse, otherwise the place of business of the respective delivery address of JC. The risk of accidental loss or accidental damage of the goods will pass to the customer upon the handover of the
goods to the instructing carrier, even in case of free delivery. In the event of delays in shipment for which the customer is responsible, the risk already passes with the notification of readiness for shipment. JC is not responsible
for delays in delivery resulting from force majeure or from events which could not be anticipated by JC and for which JC is not responsible and which make delivery or performance significantly more difficult
or impossible, even in the event of bindingly agreed periods and dates. They give JC the right to extend the delivery by the duration of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than 3
months, the Client will have the right to withdraw from the agreement after a reasonable period of grace has been granted. In this case, claims for damages by the customer are excluded.
5. PRICES
The prices valid at the time of the order are included in the purchase price list. The purchase prices do not include the statutory value added tax for professionals, the prices for consumers include the statutory value added tax . When new prices come into force, all older price lists or order forms lose their validity. The validity of contracts already concluded shall of course not be affected by this. Promotional offers and special promotions are expressly valid for the goods on offer for the stated group of customers, for the stated period of validity and while stocks last. JC will inform the Client immediately if stocks are exhausted. Any payments already made by the purchaser will be refunded immediately. JC will also provide the purchaser with a recommended retail price list . The stated retail prices are non-binding recommended retail prices and already include VAT applicable at the time of delivery.
6. PAYMENT
All prices are net prices, plus the applicable value added tax. Invoices will generally be paid by direct debit from the customer's specified current account. To this end, Customer shall provide Janssen Cosmetics with a written SEPA direct debit mandate. Unless explicitly agreed otherwise, invoices are payable 10 days after invoice date. Paying with Bancontact in our online shop.
Paying with Paypal in our online shop. Other payment terms must be confirmed by JC in writing. In case of return of a debit note (due to lack of the required coverage, expiry of the current account
or in case of opposition of the account holder), the customer is obliged to pay a processing fee of € 5 per return of debit note. Non-payment of an invoice on its due date shall entail, ipso jure and without the need for notice of default, the payment of interest on arrears at a rate of 8% per annum as from the invoice date until the date of actual payment. The lump-sum compensation in the event of return payments or reminders is to be set at
higher or lower if JC proves a higher loss or the Client proves a lower loss or no loss at all. The customer is only entitled to set-off if its counterclaims have been validly established, disputed or acknowledged by JC. This does not apply to counterclaims of the customer arising from the same contractual relationship. The Client will only be entitled to a right of retention if this is based on the same contractual relationship. JC is entitled to set-off and retention to the extent provided for by law. 7.
7. RIGHT OF OWNERSHIP
The delivered goods will remain the property of JC as reserved goods until full payment of the purchase price and settlement of all claims from the business relationship. In the event of seizure or other intervention by third parties, the Client must promptly inform JC in writing, so that JC can bring a claim.
Insofar as the third party is unable to reimburse JC for the extrajudicial and judicial costs of an action in connection with such claim, the Client will be liable for the loss suffered by JC. The Client is entitled to resell the reserved goods or to use them again
in the context of its normal business activities. The Client is not entitled to dispose of the reserved goods in any other way, in particular by pledging them or transferring them as security. If the goods delivered under retention of title are resold, the customer shall transfer to Janssen Cosmetics GmbH the claims resulting from the resale in the amount of the final invoice amount (including VAT) of the claims of JC. The customer is authorised to collect the
assigned receivables. At our request, the customer will name the debtors of the assigned receivables and inform them immediately of the assignment. The customer must provide all information required for collection and hand over the relevant documents to
. We are also entitled and authorised to notify the debtors of the assignment ourselves. The right of resale or the authorisation for collection of the assigned claims expires
in case of cessation of payments and/or application for the opening of insolvency proceedings. If the buyer does not fulfil his payment obligation despite a reminder from the seller, the seller may demand the return of the goods which are subject to retention of title and still belong to him without setting a prior deadline. The transport costs incurred in this connection shall be borne by the buyer. The seizure of the goods delivered under reservation of title by the seller shall always constitute withdrawal from the contract. After retention of the reserved goods, the seller will be entitled to realise these. JC undertakes to release the securities to which it is entitled at the request of the purchaser at its own discretion, insofar as the realisable value of the securities exceeds the claims to be secured by more than 10%.
8. QUALITY AND WARRANTY - Refund and Returns Policy
All JC cosmetic products are manufactured with the greatest care and meet the legal requirements for the manufacture of cosmetic products. The shelf life of the products also complies with the legal requirements.
The minimum shelf life is therefore 30 months. After opening the packaging, the product must be consumed within the time indicated by the symbol of the opened jar. If the shelf life of the products is less than 30 months, the expiry date is stated on the packaging. A prerequisite for a good shelf life is also that the product is stored and used properly. The goods should be stored
at room temperature (18 - 21 °C) and in any case protected from extreme heat and cold and from extreme exposure to light. The customer must check each delivery for completeness and damage of
the packaging upon acceptance or receipt. Complaints should be made immediately to JC in writing and recognisable defects should be reported to JC in writing without delay. Hidden defects must be reported in writing immediately upon discovery. In the absence thereof, the delivery will be deemed to have been approved without defects. In the event of quality defects, the serial number stated on the packaging must be stated. At JC's request
, the product complained about will be returned to JC carriage paid. In the event of a justified notice of defect, JC will be entitled to subsequent performance. If JC refuses subsequent performance, fails to do so or is unreasonable for the Client
, the Client may claim its statutory rights. Claims for damages or reimbursement of expenses by the Client only exist, however, in the context of the liability limitation pursuant to Article 9. Return of goods outside the liability for defects will take place as a gesture of goodwill and is only possible with JC's prior written consent. In such a case, the goods must be returned to JC at the customer's expense. If the goods were delivered 6 months ago or less and are saleable, a discount of 25% will be applied to the returned goods. No credit will be given for obsolete or unsellable goods. They are generally excluded from exchange.
9. LIABILITY
JC's liability is governed by the statutory provisions, unless otherwise agreed below. If JC is liable under the legal provisions in accordance with this contract for damage caused by slight negligence, JC's liability is limited. Liability only exists in case of breach of material contractual obligations and is limited in amount to the damage that was foreseeable/typical for the contract at the time it was concluded. Material contractual obligations are those whose fulfilment primarily enables the proper execution of the contract and on whose fulfilment the customer may regularly rely. This limitation of liability does not apply to claims resulting from injury to body, health or life, in case of fraudulent conduct, in case of assumption of a warranty and for claims under the Product Liability Act. To the extent that JC's liability for damages is excluded or limited, this also applies in respect of the personal liability for damages of JC's employees,
representatives and vicarious agents.
10. TRADEMARK
The trademark rights to the word/figurative trademark "JANSSEN COSMETICS" and the
WAPPEN" figurative mark are the property of JC and as such are protected
by national and international copyright laws. Since the use of the
trademarks is subject to strict rules as a result of an agreement
between JC and the companies Johnson & Johnson, Inc. and Janssen Pharmaceutica NV,
the use of our brand names is not permitted. Use requires the express written permission of JC. In particular, trademark rights may not
be used for the company name, Internet address or social media accounts
of the customer, unless JC has given its express written consent. The
use and exploitation of all our visuals, video images, layouts, designs and
texts is only permitted with the prior written consent of
JC and then only in the original form as set forth in our CI Policy. The
CI guidelines can be found in the download area on our website. JC will timely update the Janssen Cosmetics website customer portal www.janssen-cosmetics.com
update expired usage rights. Customer is required to regularly and timely
informed of changes in product descriptions and image rights on a regular and timely basis.
JC accepts no liability for the infringement of property rights of
others by the Customer as a result of unlawful, delayed or improper use. The
Customer only has the right to use material supplied for the JANSSEN
COSMETICS provided.
11. COLLECTION, PROCESSING AND USE OF PERSONAL DATA
When receiving, concluding, processing and reversing a sales contract
we collect, store and process data within the framework of the legal
provisions. The personal data you provide to us, for example when placing an order or by e-mail (e.g. your name and contact details),
will only be processed for the correspondence with you and only for the purpose
for which you have provided us with the data. We only pass on your data to
the transport company in charge of the delivery, insofar as this is necessary for the delivery
delivery of the goods. In order to process payments, we transfer your
payment data to the credit institution responsible for payment.
In addition, we may use your data for direct advertising. For information on your right to object in this regard, we refer
Please refer to the data protection declaration. We assure you that we will not
We assure you that we will not pass on your personal data to third parties, unless we are legally
We assure you that we will not pass on your personal data to third parties unless we are legally obliged to do so or you have given us your express permission to do so in advance.
Insofar as we use the services of third parties for the implementation and handling of processing procedures, the provisions of the General
Data Protection Regulation (GDPR) will be applied.
12. MAIL ORDER AND INTERNET SALES
Trading on the Internet or mail order, as well as offering or
advertise our brands, our product names, product names and products on
platforms of other providers (in particular, online mail order companies, auction platforms, price comparison portals, etc.) are generally prohibited. This
restriction is based on the guidelines for the use of our trademarks.
The customer (the institute) is permitted to purchase cosmetic products from Janssen
Cosmetics exclusively through the official Janssen Cosmetics website www.janssencosmetics.com. To this end, the customer must be designated as an authorized affiliated
customer (partner customer) must be activated. Sales are only permitted within the
limits of the contractual territory, in this case Belgium or Luxembourg. For any
other arrangement requires a written agreement. Any infringement constitutes a
breach of contract and gives JC the right to refuse future orders from the customer
refuse future orders from the customer. Claims for damages are expressly reserved.
13. PLACE OF PERFORMANCE AND JURISDICTION
Belgian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
14. ANNULMENT
If individual provisions of these terms and conditions are null and void or not implemented
are enforced by mutual agreement of the parties, the
validity of the remaining provisions shall not be affected. The same shall apply in the event of
a loss. In place of the invalid or unenforceable provision or to
loss, the parties shall find a provision that achieves the economic purpose of the
provision to be replaced in the closest legally permissible manner.
Adegem, 1 July 2022
Version 02-2022